Victoria considers pool register as BCA references new standards

From May 1, 2013 Volume Two of the Building Code of Australia (BCA) will reference AS1926.1–2012, AS1926.2–2007 and AS1926.3-2010. Parts 1 and 2 comprise the requirements for pool barriers while Part 3 relates to water recirculation and filtration systems. AS1926.1–2012 clarifies the requirements for boundary fencing which is part of the barrier. In addition, AS1926.1–2012 incorporates the requirement which has been applied through the BCA since 2010, which prohibits the use of child-resistant doorsets in barriers for an outdoor pool.

To clarify some of the issues associated with these changes, the Building Commission of Victoria (BCV) has released Practice Note 2013-05.

The changes mean, amongst other things, that new outdoor swimming pools and outdoor spas in Victoria will require four-sided pool fencing as of May 1, 2013, while those built prior to 2010 can still incorporate building walls and compliant, lockable doors and windows as part of the barrier.

The practice note states that generally barriers are required for:

- In-ground pools and spa pools

- Aboveground pools including inflatable pools holding more than 300 mm of water

- Indoor pools and spa pools

- Bathing and wading pools containing more than 300 mm of water

- Spas and swim spas (including portable spas)

- Jacuzzis

- Hot tubs

The BCV urges relevant industry members including designers and building surveyors to obtain a copy of AS1926 as the practice note does not replace the Standard, only clarifies some issues with pools and their associated barriers.

Meanwhile, the Victorian Government is getting closer to establishing a pool register and pool inspection regime, following a similar moved launched on April 29 in New South Wales.

Bill McArthur, president of the Municipal Association of Victoria (MAV), says a pool register is a good idea but has raised questions about resourcing. The MAV is a member of the Victorian Swimming Pool and Spa Safety Committee, which also includes SPASA Victoria, Royal Life Saving, Kidsafe and Consumer Affairs Victoria.

“We’ve been advocating for a register for quite some time. The working party is working through those issues – but the timing would be up to the Government as to when it would happen.

“But we have an issue around resourcing and extra responsibility. Councils help to uncover lapses in pool safety, but we don’t have the capacity to have an army of people looking over back fences.

“Victoria’s building laws place the primary safety responsibility on owners to make sure the barrier is installed and properly maintained. There needs to be triggers in the system to make sure they are compliant, and those triggers should be at the time of sale or a new lease,” he says.

“Already under Victorian law pool owners have the responsibility to have the barrier and maintain it. But to have teams of people knocking on every door is a very resource intense way to proceed. I think to ensure people around pools are safer, pool owners must work in partnership with their tenant, the real estate and building industry, and councils.

“It needs to be taken seriously: but supervision remains the most important safety factor around pools.”

MacArthur says that while he thinks a national approach would be good, it would be very difficult to achieve.

“I think the broader the legislation in some areas would be a benefit – but because Australia is a federation it might be hard to co-ordinate nationally.”